HomeMy WebLinkAbout20240392.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0040, FOR A 190 -FOOT TELECOMMUNICATION ANTENNA TOWER
IN THE A (AGRICULTURAL) ZONE DISTRICT - CERVI ENTERPRISES, INC.,
C/O KERR-MCGEE OIL AND GAS ONSHORE, LP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on January 16, 2024, the Weld County Offices were closed due to inclement
weather conditions and the scheduled Planning Commission hearings were rescheduled to later
dates, and
WHEREAS, the Board of County Commissioners held a public hearing on the 7th day of
February, 2024, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of Cervi Enterprises, Inc., P.O. Box 1930, Greeley, Colorado 80632,
do Kerr-McGee Oil and Gas Onshore, LP, 1099 18th Street, Suite 700, Denver, Colorado 80202,
for a Site Specific Development Plan and Use by Special Review Permit, USR23-0040, for
a 190 -foot Telecommunication Antenna Tower in the A (Agricultural) Zone District on the following
described real estate, to -wit:
Section 34, Township 4 North, Range 63 West of
the 6th P.M., Weld County, Colorado
WHEREAS, on February 7, 2024, the Board heard all of the testimony and statements of
those present and reviewed the request of staff, for a continuance and, having been fully informed,
deemed it advisable to grant the request of the applicant to continue the matter to February 21,
2024, at 10:00 a.m., as the case was heard by the Planning Commission on February 6, 2024,
and to allow the matter to be heard by a full quorum of the Board, and
WHEREAS, pursuant to an updated and previously published notice, a hearing was
scheduled on February 14, 2024; however, due to the action previously taken by the Board on
February 7, 2024, the hearing on February 14, 2024, was cancelled, and
WHEREAS, on February 21, 2024, the applicant was represented by Matt Wells,
Kerr-McGee Oil and Gash Onshore, LP, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
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2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." This site is in a remote rural area.
Residences are several miles away.
2) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing
uses must be able to mitigate conflicts." The proposed
telecommunication tower is in a remote area surrounded by grazing
lands, rangeland and oil and gas encumbrances.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.HH — Uses by Special Review outside of
subdivisions and historic townsites, states: "Telecommunication
Antenna Towers." The proposed communication tower will assist in
the operation of oil and gas activities in the area (Bronco
Consolidated Development Plan).
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding properties consist of
rangeland and pasture interspersed with oil and gas production facilities.
The facility is in a remote, rural area and the nearest residences are located
more than one (1) mile from the site. The eastern edge of the parcel is
encumbered by a 230 kV electrical transmission line (USR-1562).
The Weld County Department of Planning Services sent notice to one (1)
surrounding property owner (SPO) and no response had been received
from the SPO.
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There is an existing 200 -foot Telecommunication Antenna Tower
constructed in 1991 (USR-937) and located approximately three (3) miles
north of the proposed tower site. The applicant has indicated that the
existing antenna tower cannot accommodate the equipment planned for
the proposed tower. Additionally, the application states the proposed tower
location is the best position for the strongest and best coverage in the area
and that there are other existing towers in the area that are being leased
by Kerr-McGee that will communicate with the proposed tower.
The proposed use is in an area that can support this development and the
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral
area boundary, nor within a Coordinated Planning/Intergovernmental
Agreement boundary of any municipality.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not located
within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard
Overlay District, MS4 - Municipal Separate Storm Sewer System area,
Special Flood Hazard Area, Historic Townsites Overlay District, or
Agricultural Heritage Overlay District. Building Permits issued on the lot will
be required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Natural Resources Conservation Services (NRCS) Soil Survey
identifies the area in which the tower will be located as Valent
sand, 3 to 9% slopes. This soil type is classified as "Not prime farmland"
and no Prime Farmland will be removed from production.
G. Section 23-2-230.8.7 — There are adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of
Approval and Development Standards can ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and County. This proposal has been
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reviewed by the appropriate referral agencies and it has been determined
that the attached Conditions of Approval and Development Standards
ensure there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and county and
will address and mitigate impacts on the surrounding area with the
operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cervi Enterprises, Inc., do Kerr-McGee Oil and
Gas Onshore, LP, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0040, for a 190 -foot Telecommunication Antenna Tower in the A (Agricultural) Zone
District, on the parcel of land described above, be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. A Decommissioning Plan shall be submitted for review and approval by the
Department of Planning Services. The Decommissioning Plan shall
address the requirements of Section 23-4-840 of the Weld County Code.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0040.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code, if applicable.
5) The map shall delineate the parking area for the employees.
6) The applicant shall show and label all recorded easements and
rights -of -way shall be delineated on the map by book and page
number or Reception number.
7) County Road 69 is an unmaintained section line right-of-way. The
applicant shall verify and delineate on the map the unmaintained
right-of-way from the parcel to, and including, the connection to
U.S. Highway 34, and reference the documents creating the
right-of-way. All setbacks shall be measured from the edge of the
right-of-way. This road is not maintained by Weld County. Any
unmaintained road needs to be located/identified in relationship to
the right -of-way. Show and label the section line right-of-way as
"CR 69 Section Line Right-of-way, not County maintained."
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8) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way on the map along with the
documents creating the right-of-way.
9) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access point on the map and label with the
approved Access Permit number.
10) The applicant shall show and label the drainage flow arrows.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of February, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT
ATTEST:
Kevin D. Ross, Chair
Weld County Clerk to the Board
OlAAAPZ-k-
Deputyy Clerk to the Board
ED RM:
ounty ttorney,
Date of signature: 3N1z4
Z4
Perry
uck, Pro-Tem
EXCUSED
Mike Freeman
cbtt K. James
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CERVI ENTERPRISES, INC.,
C/O KERR-MCGEE OIL AND GAS ONSHORE, LP
USR23-0040
1 Site Specific Development Plan and Use by Special Review Permit, USR23-0040, is for
a 190 -foot Telecommunication Antenna Tower in the A (Agricultural) Zone District, subject
to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
4. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code.
5. This is an unmanned facility.
6. Upon termination of the use of the Telecommunication Antenna Tower, the equipment
shelter, antenna structure, and any associated equipment shall be removed, and the
premises restored to its original condition, according to the accepted Decommissioning
Plan.
7 The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
8. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
9. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit, prior to commencement.
10. The historical flow patterns and runoff amounts on the site will be maintained.
11. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
12. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
13. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
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14. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the tower.
15. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in
Weld County, shall contain hand sanitizers, be screened from public view, and be removed
upon completion of construction.
16. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
17. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. Neither the direct, nor reflected, light from
any light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used, which may be confused with, or construed
as, traffic control devices.
18. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County
Code. Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Building Codes, 2018 International Energy Code,
2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building
Permit application must be completed and two (2) complete sets of engineered plans,
bearing the wet stamp of a Colorado registered architect or engineer, must be submitted
for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction. .
19. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
22. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
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23. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
24. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
25. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
26. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
27. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
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resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
29. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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